[:en]1 st time in the history of CAT, bailable warrants
issued & personal bonds of Rs. 50000/- executed against government
authorities in a service matter
It has happened rarely in the history of CAT (Central Administrative
Tribunal) that central government authorities are issued bailable warrant. CAT
Ahmedabad had also directed to execute personal bond of Rs. 50000/- (fifty
thousand). The bench had ordered four officers (respondents) to remain present
before it on December 5. The case is related to the promotion of one Kalidas
Jadhav who was working as Programme Executive of Doordarshan in Ahmedabad
at the relevant time. Jadhav, however, passed away during pendency of the
proceeding and his wife Ganga is fighting on his behalf. Mr Jadav was denied
promotion by the authorities on the ground of a pending case of disproportionate
assets. Seeking promotion with retrospective effect, Jadhav had moved a petition
before CAT in 2014, and acting on that petition, the tribunal had in 2015 ordered
the Prasar Bharati authorities to take appropriate decision on Jadhav’s case of
promotion within one month. “The said order of the CAT was challenged by
authorities before Gujarat High Court. That petition was dismissed by the HC.
However, even after that, the CAT’s order has not been implemented so contempt
petition no. 13/2016 in OA 444/2014 was filed against the responsible officers.
And the Tribunal had ordered the officers of Prasar Bharati to appear before it on
October 29,” However, three officers did not remain present before the Tribunal on
29/10/2018 so it had issued bailable warrants against them. The respondents
deliberately disobeyed the order. “The respondents were also directed to appear
physically but it appears that either they are not serious or are of the view that
nothing adverse could be done against them by the Authority like the Tribunal,”
reads the CAT order dated 29/10/2018. In its order, the tribunal had ordered the
three officers Aparna Vaish, A K Gupta and A S Satpathi – or their successors in
office, if they have been succeeded, to physically appear before the Tribunal on
05/12/2018.
However on 05/12/2018, DG Doordarshan didn’t remain present. Annoyed
with this CAT ordered to appear DG Doordarshan Mrs Supriya Sahu to physically
appear before the court on 07.01.2019 and rest of the respondents to execute
personal bond of Rs. 50000/-. The matter is listed on 07.01.2019 at Sr No. 15 of
causelist of CAT Ahmedabad. Standing counsel on record is Ms F. D. Patel
however Gujarat High Court advocate Mr Nirzar Desai is arguing case on behalf of
respondent authorities. On 05/12/2018, DDG(Deputy Director General(Admn) Mr
Rajiv Sinha had submitted before Court that cadre controlling authority in respect
of Late Shri K H Jadav is DG AIR (Akashvani) and not DG DD (Doordarshan).
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Therefore DG AIR should be the respondent party and not DG DD. Though CAT
has ordered DG DD to appear, advocate Mr Nirzar Desai had desired Prasar
Bharati authorities to ask DG AIR Mr F. Sheheryar to remain present before court
on 07.01.2019. He had said to the extent that he would not appear if DG AIR does
not remain present, as learnt. Therefore it will be again a history that two DGs of
AIR & DD may appear together before CAT Ahmedabad on 07.01.2019. Contact
numbers of government counsel Mr Nirzar Desai are : Landline: 07927495861,
Mob: 09825024354. Contact no. of advocate of petitioner Mr M. S. Trivedi are :
Mob-09879174548, landline: 07926404454 Important portions of CAT orders are
underlined as under:
CAT Ahmedabad Bench order dated 05/12/2018 in CP 13/2016 of Late Shri K.
H. Jadav retd employee of Doordarshan reads as under:
“Present : Shri M.S.Trivedi counsel for applicant.
Shri Nirzar Desai alongwith Ms.F.D.Patel, counsel for respondents.
On last date, a comprehensive order was passed, process for physical appearing
of respondents was issued and pursuant to said Order respondents, namely,
Respondent No.2 (Shri A.K.Gupta, Executive Engineer, Sr. Vigilance Officer,
D.G.Doordarshan), Respondent No.3 (Shri W.K. Saxena, who is successor of Shri
A.S.Satpathi, Sr.A.O., P.A.O., IRLA), Respondent No.4 (Shri S.A.Vora,
Administrative Officer) and Mrs.Arpana Vaish are present. Mrs.Arpana Vaish
submitted that she has superannuated from the post of D.G. Prasar Bharti India's
Public Service Broadcaster, D.G.Doordarshan. Present incumbent of that post,
which Mrs. Arpana Vaish was holding, prior to her superannuation, has not
appeared.
Learned counsel, Shri Nirzar Desai, who appears today for the respondents at
the threshold expressed sorry for the inconvenience caused by the conduct of the
respondents and urged that Department now is taking the matter seriously and that
all justifiable grievances of the applicant would be sorted out and that Affidavit to
this effect would be filed on next date fixed. He also assures that Respondent No.1
(D.G.Doordarshan) shall also remain present physically on next date fixed. On his
request, matter is adjourned to 07.1.2019. However, Respondents who are
physically present today are directed to execute personal bond of Rs.50,000/- (Fifty
thousands only) for their appearance on next date fixed.”
( M. C. VERMA)
MEMBER (J)
( ARCHANA NIGAM)
MEMBER (A)
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CAT Ahmedabad Bench order dated 29/10/2018 in CP 13/2016 of Late Shri K.
H. Jadav retd employee of Doordarshan reads as under:
Mr. M.S.Trivedi, counsel for applicant.
Ms. F.D.Patel, counsel for respondents with cited respondent No. 4, namely Shri
S.A.Vora, his successor in office of respondent No. 4 namely Shri Nalinkant K.
Mehta and Mr. Santosh Kumar, Section Officer in the office of Respondent No.
1.
Physical appearance of the contemnors / respondents were ordered on
24/09/2018 and were directed to them to appear physically before this Bench of
the Tribunal on 29/10/2018, with requisite record and to explain why Orders of
the Tribunal could not be complied with and why formal statement of charge /
accusation be not framed to record their plea. Respondents No. 1, 2 and 3 have not
appeared today nor there is any information as to why they have not appeared.
Comprehensive order was passed on 24 th September, 2018 which reads as under :-
“Instant Contempt Petition was preferred by applicant for alleged violation/
disobedience/ non-compliance of Order dated 30.11.2015 passed by this Tribunal
in OA No.444/2014.
2. It transpires from record that original applicant, Shri Kalidasbhai H. Jadav
while serving with the respondents alleged contemnors had approached the
Tribunal, by way of aforesaid OA No. 444/2014, claiming promotion with
retrospective effect, more particularly, from the date on which his juniors were
promoted and DPC met for consideration of the case for promotion of the
concerned employees in the year 1994 and 2000. It was stand of contesting
respondents that OA, as informed and as appeared from record is that the
applicant is facing a criminal trial, his case was considered by the DPC and that
result has been kept in sealed cover. Ultimately, OA No.444/2014 was disposed
off by the Tribunal vide aforesaid Order, dated 30.11.2015 and operative portion
of said Order runs as under :
“The matter was heard. We are of the view that sealed cover can now be opened and based on
the contents therein, appropriate order may be passed within one month. On the other reliefs
which we have deleted, the applicant can take up the same with the respondents and if he is
not getting relief within appropriate time, he can approach the Tribunal again.”
3. It further transpires from pleadings that Review Application was preferred by
the respondents of the OA and when it was dismissed, they preferred SCA
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No.15317/2017 on the file of Hon’ble High Court of Gujarat. It was stand of the
respondents of OA, in Review Application as well in SCA No.15317/2017 that
due to bona fide mistake it was stated in reply in OA No.444/2014 that case of the
applicant of OA has been kept in a sealed cover but in fact case of applicant was
not considered as being not eligible. Anyhow, the Hon’ble High Court dismissed
the SCA No.15317/2017 and directed the Department to consider the case of the
applicant of OA as per observation made in the Order.
4. The instant CP has been instituted for non-compliance of Order of the
Tribunal, which was confirmed by RA as well as by Hon’ble High Court in SCA
No.15317/2017.
5. MA No.84/2018 for production of documents and physical appearance of
respondents has been preferred by the original applicant and was pressed. Heard
the learned counsel for the applicant as well as respondents at considerable
length and perused the record. Respondents after lengthy argument, on merit
now seek time. Already sufficient time has been given. The Order passed by the
Tribunal, which was confirmed by the Hon’ble High Court has not been
complied in letter and spirit. The fact remains that whatsoever may be reason,
respondents while filing reply in OA No.444/2014 have given wrong statement.
One of the prayer made in MA No. 84/2018 reads “That, the Hon’ble Tribunal
further be pleased to direct the respondents that the respondents are required to
remain present to explain the correct facts along with file/papers on which letter
dated 25.1.2018 is issued by the respondents.”
6. Having taken note of totality, request as has been made at Clause (c) of MA
No.84/2018, which has been reproduced ibid is allowed. Respondents are
directed to appear before the Tribunal on 29.10.2018, with requisite record and
to explain why Orders of the Tribunal could not be complied with and why
formal statement of charge/ accusation be not framed to record their plea.
7. MA No. 84/2018 stands allowed.
8. Put up on 29.10.2018.”
Learned counsel, Mr. F.D. Patel, upon inquiry, answered that she has informed the
respondents, through e-mail, about their physical appearance on 29/10/2018. She
requested to wait for some time and upon her request matter was kept pending for
second half but in second half, only respondent No. 4 appeared. Shri Santosh
Kumar, who is working as Section Officer in the office of Respondent No. 1
informs that he was only directed to take and place the record before the Tribunal.
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No explanation thus could come either through the mouth of learned counsel of
respondents or from Shri Santosh Kumar, as to why respondents No. 1, 2 and 3
cold not appear. It is enquired from learned counsel whether, if time is given said
respondents would appear in Court on date fixed and she answered that she cannot
give any undertaking.
Present one is a Contempt Petition and imputation therein is that respondents
deliberately disobeyed the order passed in OA No. 444/2014.The respondents /
contemnors No. 1, 2 and 3 as noted above, were also directed to appear physically
but it appears that either they are not serious or are of the view that nothing adverse
could be done against them by the Authority like the Tribunal.
Taking note of entirety and conduct of respondents, we direct issuance of bailable
warrants, of respondents No. 1, 2 and 3 namely (1) Smt. Aparna Vaish, Director
General, Prasar Bharti India’s Public Service Broadcaster, D.G. Doordarshan,
Vigilance Section, Mandi House, New Delhi, 2) Shri A.K.Gupta, Senior Vigilance
Officer, Prasar Bharati India’s Public Service Broadcaster, D.G. Doordarshan,
Vigilance Section, Mandi House, New Delhi and (3) Shri A.S. Satpathi, Pay &
Accounts Officer, IRLA Group, AGCR Building, Ministry of Information and
Broadcasting, New Delhi; their successor in Office, if he/she or they have been
succeeded, for their physical appearance before this Tribunal on 5 th December,
2018. Condition of bail to be imposed in warrants shall be executing of personal
bond of Rs. Fifty thousand with undertaking that they would remain present
physically before the Tribunal on date fixed i.e. 5 th December, 2018. The
Commissioner, Delhi Police, Delhi is directed to get execute the warrant and in
case said respondents opt to execute the requisite bond, as has been directed
above, to release them on bail and to send the bond, with report to the Tribunal.
Registry is directed to send the warrants for execution to the Commissioner of
Police, Delhi with covering letter as well as copy of this order.
Put up on 5/12/2018.”
( M. C. VERMA)
MEMBER (J)
( ARCHANA NIGAM)
MEMBER (A)
Online copy of these orders are attached herewith[:]
